JB/079/083/004

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8 Observations

Be this as it may with respect to the regulation of itself,
the motive method of enforcing it seems to have been chosen but
unhappily. The penalty of one man's transgressing the prohibition
of the Law is cast unnecessarily upon the Publican another. A power
is given unnecessarily to one man to do an injury to another. The danger
was, least the persons to whom the authority is given
should abuse it in order to shew undue favour to their
friends. To avoid obviate this, a power is unnecessarily given them
to hurt do injury to their enemies. A disqualified Magistrate has but to set his
hand to the license of a Publican, and that license tho'
granted by the unanimous suffrage of every qualified Magistrate is to become void.
The obvious way was not to make the concurrence of a disqualified
person destroy operate to the license, but to make it not
operate at all.

In this respect the method adopted goes beyond the intention.
In another it falls short of it. It signifies little is of little avail the preventing
a Magistrate from signing the license himself, while
he can prevail on others to sign it. The only way to
prevent this is to exclude him utterly from interfering
in the business: and the whole only practicable measure to prevent him [measure
to be taken for excluding him] from interfering in the business, is
to forbid his being present. If, being forbidden, he transgresses

NOTE

& it is difficult to say whether it is more grievous to the Tenant, or
detrimental to the Public at large. The Tenant of a greedy and
narrow-minded Landlord is ruined by the badness of the commodities
he is forced to take: but in the mean time the public is first poisoned
with them. This, I throw out merely as loose hints for
further consideration. To weigh with due attention the advantages &
inconveniences of the measures proposed, would take up more room than can
here be spared.

Identifier: | JB/079/083/004"JB/" can not be assigned to a declared number type with value 79.
Date_1		Marginal Summary Numbering
Box	079	Main Headings
Folio number	083	Info in main headings field	observations
Image	004	Titles	note
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	e5 / e6 / e7 / e8
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [lion with crown motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	25525
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